Santa Barbara California Family Law

Divorce/Dissolution of Marriage

In California, a spouse can file for divorce even if the only reason is that irreconcilable differences have "caused the irremediable breakdown of the marriage."  To file for divorce, one spouse must file a petition either for dissolution of marriage or for legal separation.  Typically, a divorce takes at least six months, and if litigation becomes necessary, it can take significantly longer.

With his 30 years of experience, family lawyer Glenn L. Robertson has the skill and in-depth knowledge of California family law to represent his clients well both in and out of court. As a Santa Barbara matrimonial lawyer, he is well-versed in matrimonial law as well.

Community Property and Property Division

California is a Community Property state, meaning that in general, property acquired during a marriage (except gifts and inheritance) is considered community property, which is typically split equally between the spouses.  Each spouse keeps all of his or her separate property acquired prior to the marriage.  The courts have wide discretion in the area of property allocation, and we work closely with forensic financial experts such as certified public accountants to help clients achieve their goals either in court, or through collaborative law.

Child Custody

Except in situations of abuse, California courts generally prefer custody arrangements that allow both parents to be involved with their children.  There are two types of custody: legal and physical.  Parents with legal custody have the right and responsibility to make decisions for their children regarding education, health care, and anything affecting the children's welfare.  Physical custody determines with whom the children actually live.  A parent can be given any of the following: sole legal custody, sole physical custody, joint legal custody, joint physical custody, or "joint custody," meaning both joint legal and physical custody.

Child Support

California law states that a father and mother have an equal obligation to care for their children.  To determine the best child support arrangements, California courts consider a variety of child support guidelines.  These include factors such as the child's best interests, the custody arrangement, and each parent's income, standard of living, and level of responsibility in child-rearing. 

Spousal Support

Under California's spousal support statute, an individual has a duty to support his or her spouse financially.  Courts use a variety of factors to determine the amount of this support such as each spouse's income and earning capacity, how much each spouse contributed to the other spouse's marketable skills, the length of the marriage, the immediate and future tax consequences to each spouse, and the age and health of each spouse.

Seek Experienced Legal Representation

We have a thorough understanding of the laws governing family law matters in California and are committed to helping you through this difficult time.  To schedule a consultation to discuss your family law matter with an experienced lawyer, contact Glenn L. Robertson, Attorney at Law today.